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Police 'were right to use Taser' Police 'were right to use Taser'
(about 5 hours later)
The PSNI's first use of a Taser stun gun was "justified and proportionate", the Police Ombudsman has said.The PSNI's first use of a Taser stun gun was "justified and proportionate", the Police Ombudsman has said.
Declan Smith, 38, of Elaghmore Park, Londonderry, was tasered last August after claims that he had locked himself inside a house with his two children.Declan Smith, 38, of Elaghmore Park, Londonderry, was tasered last August after claims that he had locked himself inside a house with his two children.
Charges of making threats to kill were dropped last month, after the alleged injured party withdrew her complaint.Charges of making threats to kill were dropped last month, after the alleged injured party withdrew her complaint.
Following his own investigation of the police operation, Al Hutchinson said it had been "effective and successful".Following his own investigation of the police operation, Al Hutchinson said it had been "effective and successful".
"The use of a Taser represented a less lethal option compared to the potential use of live fire or impact (baton) rounds at close range," he said."The use of a Taser represented a less lethal option compared to the potential use of live fire or impact (baton) rounds at close range," he said.
"Unlike handheld batons, it allowed officers to maintain a safe distance from a suspect they believed was armed with a knife.""Unlike handheld batons, it allowed officers to maintain a safe distance from a suspect they believed was armed with a knife."
Taser guns fire two wires which attach to the body and carry an electric shock.Taser guns fire two wires which attach to the body and carry an electric shock.
The officer told investigators the man had been drinking, was in an emotional and agitated state, was believed to have a knife and had threatened harm to the childrenThe officer told investigators the man had been drinking, was in an emotional and agitated state, was believed to have a knife and had threatened harm to the children
The police were given permission to buy 12 Taser guns in 2008, despite opposition from human rights groups and some members of the Policing Board.The police were given permission to buy 12 Taser guns in 2008, despite opposition from human rights groups and some members of the Policing Board.
Ulster Unionist Policing Board member Basil McCrea said Mr Hutchinson's report provided a "clear vindication" of Taser usage, while fellow Board member Peter Weir of the DUP said it was "a welcome step for practical and common-sense policing".Ulster Unionist Policing Board member Basil McCrea said Mr Hutchinson's report provided a "clear vindication" of Taser usage, while fellow Board member Peter Weir of the DUP said it was "a welcome step for practical and common-sense policing".
'At risk''At risk'
Mr Hutchinson said police were first called to the incident at about 0300 BST by a woman who said her drunk partner, who was armed with a knife, had locked himself in their home and was threatening to kill himself and their two children, aged four and five.Mr Hutchinson said police were first called to the incident at about 0300 BST by a woman who said her drunk partner, who was armed with a knife, had locked himself in their home and was threatening to kill himself and their two children, aged four and five.
After repeated attempts by police to contact Mr Smith by mobile phone were unsuccessful, he eventually went to the back door of the house shortly after 0630 BST.After repeated attempts by police to contact Mr Smith by mobile phone were unsuccessful, he eventually went to the back door of the house shortly after 0630 BST.
Officers told him to move away from the house into the back yard, and he took a single step forward but did not move further.Officers told him to move away from the house into the back yard, and he took a single step forward but did not move further.
Mr Smith was then struck by the Taser discharge and fell to the ground, suffering injuries to his head and elbow, before officers moved in to restrain him, according to the report.Mr Smith was then struck by the Taser discharge and fell to the ground, suffering injuries to his head and elbow, before officers moved in to restrain him, according to the report.
The officer who discharged the Taser told Police Ombudsman investigators that he believed the children would have been at risk if the man had re-entered the house.The officer who discharged the Taser told Police Ombudsman investigators that he believed the children would have been at risk if the man had re-entered the house.
He told investigators the man had been drinking, was in an emotional and agitated state, was believed to have a knife and had threatened harm to the children.He told investigators the man had been drinking, was in an emotional and agitated state, was believed to have a knife and had threatened harm to the children.
Mr Hutchinson said statements from police and members of the public taken by investigators from his office were broadly in agreement about the circumstances of the incident.Mr Hutchinson said statements from police and members of the public taken by investigators from his office were broadly in agreement about the circumstances of the incident.
However, he recommended that regional teams of negotiators should be established across Northern Ireland to allow for a quicker response to such incidents.However, he recommended that regional teams of negotiators should be established across Northern Ireland to allow for a quicker response to such incidents.
In this case, negotiators took several hours to arrive at the scene.In this case, negotiators took several hours to arrive at the scene.
He also said that advice to medical professionals on the removal of the small barbs discharged by Tasers should be re-circulated.He also said that advice to medical professionals on the removal of the small barbs discharged by Tasers should be re-circulated.
'Hard to take in' 'Unjust'
When the charges were dropped last month, Mr Smith was told by the judge he left the court with "no stain on his character". Mr Smith said the Ombudsman's report has made him feel like a "criminal".
Mr Smith told the BBC he was woken in the middle of the night to find his house surrounded by armed police. "The report finds the police to be right in every way," he said.
"They shouted for me to come out and I tried to get out through the front door, but it was locked. "I find them not to be. I feel my civil rights were taken away and I was unjustly tasered. The shock of this is greater than the shock of the taser.
"So I shouted: 'I'll go to the back'. "When I awoke that morning it was six-thirty and I went down to get a glass of water. I didn't even realise that the house was surrounded by police.
"I didn't know what was going on or why they were. When I went to the back door, I opened it and I was asked to step out. I stepped out and I was immediately tasered. "As soon as I did I went to the door and opened it, I was asked to step outside which I did, I was in my pyjamas and I was shot. I had no comprehension of what was going on around me."
"I couldn't comprehend what was happening. It was very hard to take in. I kept asking why and I was getting no answers from the police. One comment that one of them said was: 'You're lucky you didn't get two live rounds in the chest.'"